Electoral Act: Respite For Malami, Amaechi, Others As Court Nullifies Contentious Clause – Newstrends
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Electoral Act: Respite For Malami, Amaechi, Others As Court Nullifies Contentious Clause

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Malami

Respite came the way of Rotimi Amaechi, Abubakar Malami, Chris Ngige and other appointees who are nursing ambition in 2023 as a Federal High Court on Friday nullified section 84 (12) of the amended Electoral Act, which requires them to resign before participating in primaries, convention and other electoral activities.

Buhari had sought the amendment of the act to delete section 84(12), which he said contravened the rights of political officeholders to vote or be voted for in political party conventions and congresses. But the parliament rejected the president’s request.

In line with the section, many state governors have asked their appointees seeking to contest for election to resign.   

Section 84(12) states, “No political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party for the nomination of black candidates for any election.”

While Amaechi and Ngige are said to be eyeing the presidency, Malami, who hails from Kebbi State, wants to contest for the governorship seat of his home state. Head of agencies who are set to contest for elections are also going to be affected by this development.

Court nullifies clause 

The Federal High Court sitting in Umuahia, on Friday nullified Section 84(12), saying it was a violation of the provisions of the constitution.

The court, in a judgement delivered by Justice Evelyn Anyadike, held that the section was unconstitutional, invalid, illegal, null, void and of no effect whatsoever, saying it ought to have been struck out.

Mr Nduka Edede, a lawyer and chieftain of the Action Alliance (AA) party had approached the court in the suit that had the Attorney General of the Federation as the defendant

The plaintiff had asked the court to determine whether Section 84(12), when read together with Sections 66(1)(f) 107(1)(f)(137(1)(f) and 182(1)(f) of the 1999 Constitution was not inconsistent.

The court agreed with the submissions and ordered that Section 84(12) of the Electoral Act was inconsistent with the rights of Nigerian citizens.

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Anyadike held that the said sections already stipulated that appointees of government seeking to contest elections were only to resign, at least 30 days to the date of the election.

She held that any other law that mandated such appointees to resign or leave the office at any time before that was unconstitutional, invalid, illegal null and void, “to the extent of its inconsistency to the clear provisions of the constitution”.

The judge thereafter ordered the Attorney General of the Federation to forthwith delete the said subsection 12 of Section 84 from the body of the Electoral Act, 2022.

The counsel to the plaintiff, Emeka Ozoani, a Senior Advocate of Nigeria (SAN), said that by this judgement, the National Assembly was not required to further make any amendment to the section.

The defense counsel, Mr Chris Nevo, hailed the judgement, saying the court had put to rest, the section that had been in conflict with provisions of the constitution.

INEC reacts 

Reacting to the development, Mr Rotimi Lawrence Oyekanmi, the Chief Press Secretary to the chairman of the Independent National Electoral Commission (INEC), Professor Mahmood Yakubu, told Daily Trust Saturday that it is within the ambit of the judiciary to adjudicate on matters brought before competent courts of law.

“When such cases are tried and judgements are delivered, compliance becomes compulsory for all parties until a higher court decides otherwise.

“The INEC did not institute the case you referred to, nor are we a party to it, therefore, we do not have any opinion on the ruling,” Oyekanmi said.

We’re not aware of suit –  N/Assembly

The Senate spokesman, Senator Ajibola Basiru, said he was not aware of the suit and whether the National Assembly was a party or was served and represented.

Also, the spokesman of the House of Representatives, Benjamin Kalu, said they were not aware of the judgement.  

Court has powers to expunge clause – Lawyers

Paul Ananaba (SAN) said that according to section 6 of the Nigerian constitution, the court has the powers to nullify any section of an act that it deems unconstitutional 

On the effects of the order on the upcoming 2023 general elections, he said it was for the INEC to study and give its guidelines, and that the court ruled based on the circumstances and not really about the timing of the election.

Also speaking, Abdulrasheed Abdulkareem (SAN) said the Federal High Court had powers to set aside any act or law.

He added that the latest decision would not affect the conduct of the 2023 elections as “that provision is only saying if you want to contest, resign. How does that one aspect affect the Electoral Act?”

Similarly, a former attorney-general of Ekiti State, Dayo Akinlaja (SAN) said the court had the powers to make pronouncements invalidating any provision that is found to be unconstitutional, adding that “it has always been the position of the law.” 

“The practice is that once a court has struck down a provision of the law, that provision becomes inoperative.

“Of course, it is a decision of the High Court, anybody who is aggrieved can choose to go on appeal,” he said.

Print new electoral law – AGF 

The Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), said his office would give effect to the decision of the court and would be recognised by the government printers.

In a statement signed by his media aide, Dr Umar Gwandu, the AGF noted, “The Act will be gazetted factoring the effect of the judgement into consideration and deleting the constitutionally offensive provision accordingly. 

“The provision of Section 84(12) of the Electoral Act 2022 is not part of our law and will be so treated accordingly.

“This is in line with the dictates of Chapter 7, Part 4, Section 287 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) on enforcement of decisions that make it a point of duty and obligation on all authorities and persons to have the judgement of the Federal High Court, among others, to be enforced.”

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Why I can’t form coalition with Peter Obi – Sowore

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Peter Obi and Omoyele Sowore

Why I can’t form coalition with Peter Obi – Sowore

Omoyele Sowore, the African Action Congress (AAC) presidential candidate in the 2023 election, recently shared his reasons for not forming a coalition with Peter Obi, the Labour Party’s candidate in the same election.

In his appearance on the Honest Bunch podcast, Sowore asserted that, in his view, Obi is similar to other Nigerian politicians, describing him as “better at packaging.”

Sowore explained that his own journey in politics began long before Obi gained national recognition, emphasizing his dedication to advocating for systemic change in Nigeria.

During the podcast, co-hosted by Nedu, Husband Material, Deity Cole, and Ezinne, Sowore highlighted his belief in challenging the status quo, which he feels differs significantly from Obi’s approach.

Sowore said, “Before you discovered Peter Obi, I was already running for president. All these shouts about Peter Obi… He just knows how to package. Anyone can do it.

“If I form a coalition with Peter Obi, I will be going against what I have always stood for, which is that I will never support a Nigerian leader who has held any political office — whether at the federal, state, or local level — if I consider them non-performing.

“It’s the same reason I would never have joined hands with Atiku. And the Peter Obi you’re talking about was a vice-presidential candidate to Atiku when I was a presidential candidate in 2019.

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“So, what are we talking about? There is no lesser evil in my book. If you are evil, you are evil. If you are good, you are good. I have a general disdain for non-performance.”

He added that there is no such thing as “emotional attachment” in his dictionary.

“There was a friend of mine who kept saying, he doesn’t care if Peter Obi is Igbo, but that it is the turn of the Igbos. But it is beyond that; I have a natural disdain for poor performance,” he explained.

Sowore insisted that while many may not know it, he knew Obi before and during his time as governor, and he backed him.

“I had always known and supported him and stood against his removal when (Olusegun) Obasanjo wanted to use Andy Ubah to replace him—the twists and turns then.

“However, when Peter Obi finished his term in Anambra, the question I asked him was whether he could send his child to any university he had built in Anambra—he was mute and could not respond.

“I also asked him if he could enter any hospital he built in Anambra, which he governed for eight years, even if it was for the slightest headache—there was also no response.”

Sowore went on to challenge the four anchors or any other Nigerians, saying, “If they can pack their bags and head to Anambra for a vacation.”

PUNCH Online reports that President Bola Tinubu of the All Progressives Congress recorded 8,794,726 votes in the 2023 presidential election, followed by former Vice President Atiku Abubakar of the Peoples Democratic Party who secured 6,984,520 votes.

In third place, Labour Party’s Obi garnered 6,101,533 votes, and Rabiu Kwankwaso of the New Nigeria Peoples Party secured 1,496,687 votes.

Why I can’t form coalition with Peter Obi – Sowore

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Why we want Jonathan to contest 2027 presidency – Northern group

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Goodluck Ebele Jonathan

Why we want Jonathan to contest 2027 presidency – Northern group

The Arewa Consensus for Jonathan, a political group in the North, has urged former President Goodluck Ebele Jonathan to enter the 2027 presidential race.

Jonathan, who served as Nigeria’s president from 2010 to 2015, is widely regarded for his role in fostering democratic growth and his relatively peaceful exit from power after losing the 2015 election.
Despite his exit from politics, his name has remained a focal point in discussions about Nigeria’s future leadership.

The group’s leader, Munir Musa, who made the appeal during a press conference in Bauchi over the weekend, emphasised that Jonathan’s return to office was crucial to addressing Nigeria’s pressing economic and security challenges.

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He argued that Nigeria, grappling with severe economic downturns and rising security threats, needs a leader with Jonathan’s experience and competence to restore stability.

“The nation is at a crossroads, and we believe that Goodluck Jonathan is the right man to steer us out of the current malaise,” Musa told reporters.

He expressed confidence that Jonathan’s leadership could heal the country’s deepening wounds and usher in a new era of progress.

 

Why we want Jonathan to contest 2027 presidency – Northern group

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Afenifere, Council of Obas back Aiyedatiwa for Ondo gov

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Governor of Ondo State, Lucky Aiyedatiwa

Afenifere, Council of Obas back Aiyedatiwa for Ondo gov

Afenifere, the pan-Yoruba socio-political and cultural organization, has endorsed Governor Lucky Aiyedatiwa, the All Progressives Congress (APC) candidate for the November 16 governorship election in Ondo State.

Sehinde Arogbofa, a prominent Afenifere leader, announced the support at the Olubaka of Oka land palace, Oba Yusuf Adebori Adeleye.

Arogbofa expressed confidence in Aiyedatiwa’s leadership and encouraged him to follow the values and legacy of Chief Adekunle Ajasin, Ondo State’s first governor. “Afenifere stands firmly behind your mandate… Strive to make Ondo State great again,” Arogbofa said.

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Oba Adeleye, speaking on behalf of traditional rulers in Akoko South West Local Government Area, also endorsed Aiyedatiwa, citing his masses-focused policies and the governor’s initiative to allocate five percent of local government funds to traditional institutions as a demonstration of his commitment to their welfare.

“The Council of Obas has decided that Governor Aiyedatiwa is our candidate,” Oba Adeleye stated, pledging their support for Aiyedatiwa’s election campaign.

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